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HomeMy WebLinkAbout08-05-99 City of Lakeville PLANNING COMMISSION MEETING MINUTES August 5, 1999 The August 5, 1999 Planning Commission meeting was called to order by Chair Drotning at 6:00 p.m. in the City Hall Council Chambers. Roll call of members was taken: Present: Kot, Moates, Drotning, Rieb, Comer, Wulff, Ex-Officio Lt. Tim. Knutson. Commissioner Bellows arrived at 6:05 p.m. Absent: None. Staff Present: Michael Sobota, Community and Economic Development Director; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Ron Mullenbach, Associate Planner; Tim Hanson, Assistant City Engineer; Andrea McDowell Poehler, Assistant City Attorney; and Donna Quintus, Recording Secretary. The July 15, 1999 Planning Commission Meeting minutes were approved as presented. ITEM 4: ANNOUNCEMENTS Community and Economic Development Director Michael Sobota requested that Consent Agenda Item No. 5c. be pulled from the Consent Agenda to allow City Planner Daryl Morey the opportunity to review revisions that had been made to the Planning Report since its distribution last week. ITEM 5: CONSENT AGENDA 99.82 MOTION by Wulff, Second by Comer to recommend to City Council approval of the August 5, 1999 Planning Commission Consent Agenda as follows: 5A. Jeremy Edmonson Conditional Use Permit Extension: Recommend to City Council approval of the request of Jeremy Edmonson for an extension to Conditional Use Permit No. 98-26 allowing the construction of a detached garage. greater than 1,100 square feet in area on property located at 9894 194th Street West. 5s. Messiah Lutheran Church Conditional Use Permit Extension: Recommend to City Council approval of the request of Messiah Lutheran Church for an extension to Conditional Use Permit No. 98-27 allowing the construction of a youth house on the Messiah Lutheran Church property located at 16725 Highview Avenue. Roll call vote was called on the motion. Ayes: Kot, Moates, Drotning, Rieb, Comer, Wulff. Nays: 0. Planning Commission Meeting Minutes August 5, 1999 Page 2 Irene 5c. Boulder Village 3~d Addition Final Plat: City Planner Daryl Morey indicated that after distribution of the Planning Report dated July 30, 1999 regarding the Boulder Village 3rd Addition final plat, issues were identified that required clarification in the report. Revisions to the report included the following: 1) clarification that Dahle Brothers, Inc. has or will construct 46 of the 54 townhouse units in Boulder Village 1St and 2"d additions and Jerome Craig Homes (owned by Jeff Hultgren) will construct 8 townhouse units in Boulder Village 1St Addition, plus 30 townhouse units in Boulder Village 3rd Addition. 2) revised EXHIBIT I -Boulder Village 3rd Addition Foundation Landscape Plan; 3) revised EXHIBIT j -Boulder Village 3rd Addition Townhouse Building Elevation; 4) addition of EXHIBIT L -Boulder Village Bridge Crossing Construction/Security Agreement clarifying the amount of security required from J.C. Holdings, Inc. for the bridge construction cost; 5) addition of EXHIBIT M -Minutes of the June 17, 1999 Boulder Village Townhomes Association Special Meeting specifically referencing 14 criteria regarding townhouse building style and exterior materials for the Boulder Village 3rd Addition; 6) clarification that a pedestrian bridge crossing of the ravine that runs through the Boulder Village development is included with the development of Boulder Village 3rd Addition and that a security is required from the developer guaranteeing the construction/installation of the walking trails, pedestrian bridge, and landscaping with the Boulder Village 3rd Addition final plat;. 7) revision to staff recommended. Stipulation No. 6 indicating specific locations for "no parking" signs; and 8) revision to staff recommended Stipulation No. 9 referencing the 14 criteria for townhouse building style and exterior materials as listed in the Boulder Village Townhomes Association special meeting minutes of June 17, 1999. For further clarification, Commissioner Wulff requested that on Page 7 of the July 30, 1999, revised August 4, 1999, Planning Report staff recommendation No. 5.c. be amended to read as follows: 5. The following building setbacks shall be met with the Boulder Village 3rd Addition development: c. Between buildings the height of the sum of the adjacent buildings." 99.83 MOTION by Wulff, Second by Rieb to recommend to City Council approval of the final plat of Boulder Village 3rd Addition consisting of 30 townhouse lots located in the southwest corner of 165t" Street West and Ipava Avenue subject to the 13 staff recommended stipulations as listed in the July 30, 1999 (revised August 4, 1999) Planning Report. S Roll call vote was called on the motion. Ayes: Moates, Drotning, Rieb, Comer, Wulff, Bellows, Kot. Nays: 0. Planning Commission Meeting Minutes August 5, 1999 Page 3 • ITEM 6: Public Hearing: AIRLAKE DEVELOPMENT FOURTH ADDITION Chair Drotning opened the public hearing for consideration of the applications of APPRO Development, Inc. and Airlake Development,. Inc. for the following: 1) a preliminary and final plat of 25 lots and three outlots on two blocks to be known as Airlake Development Fourth Addition; 2) a rezoning of the portion of the proposed Airlake Development Fourth Addition lying in the NE'/ of the NW'/4 of Section 33 from -2, General Industrial District to I-1, Limited Industrial District; 3) a Conditional Use Permit to allow impervious surface coverage greater than 25% in the Shoreland Overlay District; and 4) the vacation of permanent public sanitary sewer, .roadway, drainage and utility easements currently existing on the subject properly. Assistant City Attorney Poehler attested that the legal notices had been duly published and mailed in accordance with state statutes. Jack Matasosky, APPRO Development,. Inc.,. presented a summary of the applications of APPRO Development, Inc. and Airlake Development, Inc. to allow the development of Airlake Development Fourth Addition. Applications have been submitted for the preliminary and final plat of Airlake Development Fourth Addition, a proposed industrial subdivision consisting of 25 industrial lots and three outlots on approximately 50 acres of property lying. south of County Road 50 (Lakeville Boulevard) and west of Hamburg Avenue. • Mr. Matasosky indicated that the subject property is currently zoned I-1, Limited Industrial District and 1-2, General Industrial District and lies partly within the South Creek Shoreland Overlay District. An application has been submitted requesting a rezoning of the easterly portion of the subject parcel from I-2 to 1-1 to provide consistent setbacks and .uses within the plat. Mr. Matasosky also indicated that an application has been submitted requesting a Conditional Use Permit (CUP) to allow impervious surface coverage greater than 25 percent in the Shoreland Overlay District abutting South Creek. Mr. Matasosky. noted that, upon staffs recommendation, this CUP is proposed to encompass the entire plat, rather than processing .separate CUPs for each individual lot. Mr. Matasosky stated that APPRO Development and Airlake Development, Inc. are in agreement with the stipulations for approval of the Airlake Development Fourth Addition as outlined in the July 30,1999 Planning Report. Associate Planner Ron Mullenbach presented the Planning Report and indicated that Airlake Development, Inc. has administratively subdivided this site to accommodate the relocation of two existing Lakeville businesses. Perma Groove is proposing to construct a 27,000 square foot office/manufacturing facility on Lot 1, Block 1 of the proposed plat and Main Street Automotive. is proposing to construct a 1,620 square • foot minor auto repair shop on Lot 2, Block 2 of the proposed plat. Perma Groove is relocating from their current site in the Airlake Industrial Park and Main Street Automotive is relocating from their current site in downtown Lakeville as a part of the HRA Downtown Senior Housing project. Both businesses have begun construction Planning Commission Meeting Minutes August 5, 1999 Page 4 prior to the final platting of the subject site under an agreement approved by the City Council. Rezoning Associate Planner Mullenbach indicated that the developer is requesting a rezoning of the easterly portion of the subject parcel from I-2 to I-1. The proposed 25 industrial lots meet the minimum lot area and width requirements for the I-1, Limited Industrial District. The development of Airlake Development Fourth Addition for industrial uses is consistent with the Comprehensive Land Use Plan. Preliminary and Final Plat Associate Planner Mullenbach provided details of the proposed subdivision layout which encompasses 50.4 acres located south of CSAH 50, east of the Johnson Professional Building, west of Hamburg Avenue, and north of the middle branch of South Creek. The proposed subdivision consists of 25 lots within two blocks and includes three outlots. A local loop street off CSAH 50 (Lakeville Boulevard) is proposed to serve the plat. Lots 1 and 2, Block 2 and Lots 10 and 11, Block 1 are proposed to have direct driveway access on CSAH 50. All other driveways from the proposed subdivision will gain access onto the new proposed local loop street, Heron Way. There is a strong possibility that some of these lots to be administratively combined in the future when industrial users are identified. • Conditional Use Permit Associate Planner Mullenbach indicated that APPRO Development is requesting a conditional use permit (CUP) to allow impervious surface coverage greater than 25 percent in the Shoreland Overlay District. Proposed Lots 1-11, 13 and 14, Block 2, Airlake Development Fourth Addition lie entirely or partly within the Shoreland Overlay District. The CUP is proposed to cover the entire plat to allow for better planning for green space and stormwater management, rather than processing separate CUPs for each individual lot. Mr. Mullenbach indicated that a Shoreland Impact Plan has been submitted and reviewed by City staff. The Shoreland Impact Plan provides for the design and construction of nutrient removal/percolation basins. Outlots A and C, which lie almost entirely within the Shoreland Overlay District, represent 37 percent of the total plat area within the Shoreland Overlay District. These outlots will be dedicated to the City and contain infiltration basins, shoreland, flood plain, and wetland areas. Therefore, the total maximum impervious surface coverage will be less than 63 percent due to additional green space created by required setbacks. Mr. Mullenbach noted that the Environmental Affairs Committee (EAC) reviewed the preliminary and final plat for Airlake Development Fourth Addition at their August 3, 1999 regular meeting and recommended approval of the plat, grading, and. utility plans subject to the incorporation of comments from the Department of Natural Resources (DNR) and Dakota County Soil and Water Conservation District (DCSWCD) to the extent possible. ' Planning Commission Meeting Minutes August 5, 1999 Page 5 Easement Vacations Associate Planner Ron Mullenbach indicated that APPRO Development and Airlake Development have also submitted an application for the vacation of existing permanent public sanitary sewer, roadway, drainage and utility easements in conjunction with the preliminary and final plat, rezoning, and conditional use permit applications. New easements will be dedicated on the final plat except for side yard boundary easements The City Engineer will review each site plan to determine side boundary. drainage and utility easement locations at the time that each lot or combination of lots is proposed for development. Mr. Mullenbach indicated that Outlot A of the proposed plat encompasses floodplain, wetland, and shoreland area. Outlot A will be deeded by the developer to the City for protection of he creek and a greenway connection along South Creek. Outlot C includes a nutrient removal and sedimentation basin and lies almost entirely within the shoreland Overlay District. Outlot C will be deeded by the developer to the City. Associate Planner Mullenbach stated that if the Planning Commission recommends approval to the City Council of the Airlake Development Fourth Addition preliminary and final plat, rezoning, .conditional use permit, and easement vacation applications, Community and Economic Development staff recommends compliance with the stipulations as listed in the July 30, 1999 Planning Report.. Commissioner Wulff expressed concern for the proposed access from the Main Street Automotive site to CSAH 50. Associate Planner Mullenbach indicated that direct access to CSAH 50 was negotiated between the City and the owner for the relocation of Main Street Automotive as a part of the HRA Downtown Senior Housing Project. approved by City Council. Because Main Street Automotive currently has access onto a main road (Holyoke Avenue), the owner expressed his desire to retain exposure to and access onto a main roadway. Assistant City Engineer Tim Hanson stated that CSAH 50 (Lakeville Boulevard) will be turned back to the City and no longer function as a regional roadway when 202"d Street between Holyoke Avenue and Cedar Avenue is widened and eventually extended east of Cedar to Farmington in the future. Commissioner Wulff asked if trash and floatable debris skimming devices will be placed on the outlet of all on-site detention basins as required by Subdivision Ordinance 10-4-6:B.9.a.(9). Assistant City Engineer Hanson indicated. that a weir can be incorporated into the design of the holding pond. Mr. Matasosky indicated that the developer is willing to comply with this requirement. Commissioner Wulff expressed concern that adequate landscaping and berming will be installed to screen parking lot areas when the industrial property is developed. Commissioner Comer asked how staff will ensure that there is conformity of landscaping along CSAH 50 as each industrial lot is developed. Mr. Mullenbach indicated that the Landscape Corridor Design Study has been adopted by City Council. As each lot is developed, the builder will be required to submit a Planning Commission Meeting Minutes August 5, 1999 Page 6 landscape plan.. Staff will review each site plan for compliance with the landscape ordinance requirements and for conformity with the Landscape Corridor Design Study. Mr. Brad Johnson, 8500 210t" Street, introduced himself as the owner of Johnson Properties which owns the Johnson Professional Building and Johnson Apartments located immediately west of proposed Outlot B of the development. Mr. Johnson expressed concerns that adequate year-round screening be provided between the future industrial uses and his office and apartment use. Further, Mr. Johnson expressed concern for impact on existing traffic flow on CSAH 50 stating his belief that 25 industrial lots will generate considerably more traffic which may be a safety issue. for area residents. Staff responded that the Main Street Automotive parking lot is on the north side of the building and when the building and parking area is expanded additional landscaping will be required. There were no more comments from the audience. 99.84 MOTION by Wulff, Second by Comer to close the public hearing at 6:50 p.m. Ayes: Drotning, Rieb, Comer, WulfF, Bellows, Kot, Moates. Nays:. 0. Chair Drotning questioned whether additional shade trees are being installed over the • ponding area. Mullenbach identified the. shade trees on the plans for the ponds and indicated that, in the future, an eight-foot trail is planned by the City for construction along the greenway corridor which will abut the ponding area for this development. The Parks and Recreation Director has indicated that canopy trees may be planted along this corridor when the trail is constructed that will serve as additional shade over the creek channel Commissioner Wulff asked if the developer would be willing to restrict Lots 10 and 11, Block 1 to one shared driveway access to CSAH 50. Mr. Matasosky stated he would be agreeable to the stipulation for one driveway access for these two lots. The Commission agreed to an additional stipulation for approval as follows: "Lots 10 and 11, Block 1 shall be limited to a total of one driveway onto CSAH 50." 99.85 MOTION by Kot, Second by Rieb to recommend to City Council approval of the Airlake Development Fourth Addition preliminary and final plat, rezoning, conditional use permit and.. easement vacations subject to the ten stipulations listed in the Planning Report dated July 30, 1999 with the addition of Stipulation No. 11 as discussed above and approval of the Findings of Fact for the rezoning and conditional use permit both dated August 5, 1999. Roll call vote was called on the motion. Ayes: Rieb, Comer, WuIfF, Bellows, Kot, Moates, Drotning. . Nays: 0. ITEM 7. PUBLIC HEARING: PAUL AND .IEANETTE RAMEY: CONDITIONAL USE PERMIT AND VARIANCE Planning Commission Meeting Minutes August 5, 1999 Page 7 Chair Drotning opened the public hearing. for consideration of the application of Paul Ramey for the following: 1) a Conditional Use Permit to allow the construction of a HAM radio antenna higher than 15 feet above the ground; .and 2) a Variance to allow the. antenna to be located on the lot at a location less than the required setback to the property line. Assistant City Attorney Poehler attested that the legal notice had been duly published and mailed as required by state statute. Commissioner Bellows excused himself from participation in the discussion and voting on Mr. Ramey's conditional use permit and variance applications due to a potential conflict of interest. Commissioner Bellows indicated his brother was representing the Ramey's as their legal counsel for their applications. John Bellows, Attorney at Law, stated he was serving as legal counsel to Mr. Ramey with regard to Mr. Ramey's requests for a conditional use permit and variance to allow the installation of a HAM radio antenna tower on his property located at 17102 Firtree Place. Mr. Ramey is licensed by the Federal .Communications Commission (FCC) and proposed to use the tower for personal use and public service. Mr. Ramey is proposing to install a 68-foot amateur radio antenna tower with a two- - foot antenna appurtenance in the rear yard of his residential lot located in the Meadow Brook First Addition. The subject property is zoned R-2, Single Family Residential District. Antennas higher than 15 feet in the R-2 District require a conditional use • permit. The total height of the antenna would be 70 feet. Mr. Bellows further indicated that City's Zoning Ordinance requires that antennas be set back a minimum of ten feet from any other building and setback from all adjoining lots. a distance equivalent to the height of the structure. Mr. Ramey is proposing to place the HAM radio antenna 18 feet from the rear property line, 48 feet from the south (side) property line and 55 feet from the north (side) property line. Mr. Ramey has stated that a minimum antenna height of 70 feet is needed in order that he may engage in reliable and effective international communication via his. HAM radio equipment. Mr. Bellows stated that the applicant agrees to comply with the staff recommended stipulations for approval of the conditional use permit and variance with exception to Stipulation No. 3 which prohibits the guy wires of the proposed antenna from being located within the drainage and/or utility easement. Mr. Ramey is proposing to anchor the antenna with guy wires that would be installed in the rear ten-foot wide drainage and utility easement. Mr. Bellows noted that the 6'h-foot anchors would be completely underground. and the guide wires and anchors could be removed if any. work had to be done within the easements. • Associate Planner Frank Dempsey presented the staff report and stated that the drainage and utility easement must be left unobstructed for access purposes and staff cannot support the placement of the guy wires and anchors in the existing easement. Planning Commission Meeting Minutes August 5, 1999 Page 8 Planner Dempsey noted that since the adoption of the current Zoning Ordinance regulating the construction and operation of radio antennas, there has been court cases that have tested the Federal Communications Commission (FCC) ruling that limits local zoning authority over radio antennas. Mr. Dempsey briefly summarized the role of local jurisdictions. and the role of the FCC in allowing amateur radio operations. Attempts by cities to limit the height of amateur radio towers based upon concerns of interference with television reception, safety, and aesthetics have been rejected by the courts. Associate Planner Dempsey indicated. that if the Planning Commission recommends approval to the City Council the conditional use permit and variance applications of Mr. Paul Ramey, Community and Economic Development Department staff recommends compliance with the stipulations as listed in the July 30, 1999 Planning Report, in addition to the following stipulations: 1) the antenna shall be maintained in a safe condition; 2) the supporting tower shall be designed to not be climbable by unauthorized persons; and 3) any additional appurtenances other than. the approved antenna shall require an amendment to the CUP. Mr. Bellows responded that he agreed with the three additional stipulations. The Planning Commission raised several concerns for further discussion and clarification. Primary issues cited were as follows: 1) impact on personal electronic • and communications equipment of the surrounding residents; 2) public safety; 3) maintenance and upkeep of the tower; 4) aesthetic appearance; 5) installation methods and requirements for experienced and trained personnel for construction of the antenna tower structure; 6} annual or bi-annual inspection requirements; 7) existing and proposed fencing. Commissioner Wulff noted that the real estate study by Russ Wehner, Jr., MAI, SRPA, dated April 9, 1988 states on Page 11, No. 8 requires authorization to use this study for any purpose. Commissioner Wulff requested that this report be removed from public record unless the applicant can provide written consent and approval from the Appraiser. Mr. Bellows stated he will comply with Commissioner Wulff's request by acquiring a letter of authorization from Mr. Wehner, Appraiser and author of the real estate study. Chair Drotning opened the hearing for public comments.. Dennis Mohr, 17062 Firtree Place, .stated he was opposed to allowing the antenna structure in his residential neighborhood. Mr. Mohr stated that he finds it difficult to understand how radio antenna structures cannot be restricted or prohibited in residential districts when residential neighborhoods are subject to minimum performance standards such as landscaping, sodding versus seeding, etc. • Tom Gray, 17124 Firestone Path, asked if Mr. Ramey would consider a shorter antenna. Mr. Gray expressed concern for public safety and impact on property values. Planning Commission Meeting Minutes August 5, 1999 Page 9 • Mr. Gray asked if the requirement for the 4-foot non-climbable fence included a mandate for aself-closing, self-locking gate if a gate is installed. Mr. Gray further noted that the subject property appears to be located within a floodway or flood plain district or on the fringe of a floodway district. City Ordinance 11-45-6:C. does not permit accessory uses in the Flood Fringe District. Mr. Bellows reiterated his earlier statement that a minimum antenna height of 70 feet is needed. in order that Mr. Ramey may engage in reliable and effective international communication. Mr. Ramey is proposing a compromise antenna rather than an optimum. The proposed height and location of the antenna was chosen in an attempt to minimize its visibility to neighboring properties. Mr. Ramey would not be interested in a reduced height of the antenna. Mr. Bellows indicated that the tower will. be located inside a fenced area and will also have anti-climb devices installed on it. Assistant City Engineer Tim Hanson stated he will review the elevations of the subject lot and determine the Flood Plain District delineation. Sam Rott, 17135 Firtree Place, stated that there is a ponding area to the rear of Mr. Ramey's lot that is used by waterfowl. Mr. Rott asked whether the presence of an antenna tower will interfere with the wildlife in the pond. Mr. Bellows stated that of the many studies done on radio antenna structures there. . has. been no evidence of any correlation or impact on birds, waterfowl and other wildlife habitat. There were no further comments from the audience. 99.86 MorioN by Kot, Second by Rieb to close the public hearing at 8:05 p.m. Ayes: Comer, Wulff, Kot, Moates, Drotning, Rieb. Nays: 0. Abstain: Bellows. Assistant City Attorney Poehler noted that staff recommended Stipulation No. 7 is inconsistent with the exclusive jurisdiction of the FCC and should be deleted as a stipulation for action on the Ramey applications. Commissioner Wulff asked if Mr. Ramey would consider atower/antenna designed so that it can be extended to the desired height during use and can be retracted when not in operation to minimize the visual impact of the tower. Mr. Ramey indicated that radio towers designed to function as Commissioner Wulff suggested would be too expensive for his personal use. After further discussion, Planning Commission members agreed to the following • modifications and additions of stipulations for approval of the CUP and variance applications of Paul Ramey: Planning Commission Meeting Minutes August 5, 1999 Page 10 Stipulation No. 3 Amendment: Any part of the proposed antenna structure, including anchors and guY wires, shall be located on the applicant's property and shall not be located in a drainage armor utility easement" Stipulation No. 6 Amendment: " . The tower shall be removed when the occupant of the residence is not a licensed HAM radio operator Delete Stipulation No. 7: " • , Add New Stipulation No. 7: "The applicant shall assure that the HAM radio antenna tower structure is maintained in a safe condition." Add Stipulation No. 8: "The tower shall be designed so as not to be climbable by unauthorized persons.. The height of the anti-climbing devise shall not be less than eight (8) feet." Add Stipulation No. 9: "Any additional appurtenances other than the approved antenna shall require an amendment to the Conditional Use Permit." Add Stipulation No. 10: "The antenna structure shall be installed by a qualified . person orpersons in accordance with the manufacturer's assembly specifications." 99.87 MOTION by Kot, Second by Rieb to recommend to City Council approval a Conditional Use Permit to allow the construction of a HAM radio antenna higher than 15 feet above the ground and a variance to allow the antenna to be located less than the required setback to the property line on property located at 17102 Firtree Place subject to the six stipulations listed in the July 30, 1999 Planning Report, as amended, including the deletion of staff recommended Stipulation No. 7, as recommended by the Assistant City Attorney, and the addition of a new Stipulation No. 7 and the addition of Stipulations 8, 9, and 10, as referenced above, and approval of the Findings of Fact .for the Conditional Use Permit and the Findings of Fact for the variance both dated August 5, 1999. Roll call vote was called on the motion. Ayes: Wulff, Kot, Moates, Drotning, Rieb, Comer. Nays: d. Abstain: Bellows. Commissioner Bellows returned to his seat on the dais. Community and Economic Development Director Michael Sobota noted that several residents were present and have requested the opportunity to comment on Planning • Commission Agenda Item No. 5c. regarding the Boulder Village 3~d Addition final plat. Planning Commission Meeting Minutes August 5, 1999 Page 41 • Chair Drotning asked the City Attorney if a motion to reconsider the action was possible. Ms. Poehler stated that with new information it was possible if the Planning Commission passed a motion. 99.88 MoTioN by Rieb, Second by Wulff to re-open discussion and reconsider action on the August 5, 1999 Planning Commission Agenda Item No. 5C. BOULDER VILLAGE 3RD ADDITION FINAL PLAT because of new information becoming available. Roll call vote was called on the motion. Ayes: Bellows, Kot, Moates, Drotning, Rieb, Comer, Wulff. Nays: 0. Chuck Ryan, President of the Boulder Village Townhomes Association, indicated that there was confusion among the Boulder Village neighborhood as to what time the Boulder Village 3`d Addition final plat was on this evening's Planning Commission Agenda and thanked the Planning Commission for re-visiting this issue and agreeing to hear their comments. Mr. Ryan directed the Commission's attention to Page 8, Stipulation No. 9 in the July 30, 1999 (Revised August 4, 1999) Planning Report. which addresses townhouse building style, exterior materials, and height for Boulder Village 3`d Addition and their consistency with previously approved townhouse development phases as specified in . the 14 criteria listed in the minutes from the Boulder Village Townhomes Association special meeting of June 17, 1999. Specifically, Mr. Ryan indicated that this stipulation does not reference the currently unbuilt units in the first phase of the Boulder Village development and the Builder Village Townhome Association is requesting the building standards for the unbuilt units in the first phase comply with the 14 criteria as listed in those June 17, 1999 Boulder Village Townhomes Association meeting minutes. The Planning Commission agreed to amend Stipulation No. 9 as follows: Stipulation No. 9 Amendment: "The townhouse building style, exterior materials, and height for the six unbuilt Jerome Crai townhouse units in Boulder Villa a 1St Addition and the 30 townhouse units in Boulder Village Addition shall be consistent with fhe previously approved townhouse development phases as specified in the 14 criteria listed in the minutes from the Boulder Village Townhomes Association special meeting of June 17, 1999." 99.89 MOTION by Wulff, Second by Kot to recommend to City Council approval of the final plat of Boulder Village 3`d Addition consisting of 30 townhouse lots located in the southwest corner of 165t" Street West and Ipava Avenue subject to the 13 staff recommended stipulations as listed in the July 30, 1999 (revised August 4, 1999) Planning Report with an amendment to Stipulation No. 9 as discussed above. Roll call vote was called on the motion. Ayes: Kot, Moates, Drotning, Rieb, Comer, Wulff, Bellows. Nays: 0. Planning Commission Meeting Minutes August 5, 1999 Page 12 ITEM 8: Old Business Chair Drotning stated he had been in contact with Mr. Dan Laun regarding the detached garage setback issue. Director Sobota stated that staff has reviewed the ordinance and past precedent and agreed the setback of the detached garage should be the same setback as the Laun house. The Planning Commission .agreed and also agreed to review the setback issue in the downtown as a part of the Zoning Ordinance Update. ITEM 9: New Business Community and Economic Development Director Sobota informed the Planning Commission that the Heritage Commons Planned Unit Development (PUD) and preliminary and final plat was on the August 19, 1999 Planning Commission Agenda. The developer has requested a Grading Permit to allow construction to begin in order to have streets paved before winter. Staff has agreed to the Grading Permit and wanted to keep the Planning Commission informed. Sobota stated grading could begin as early as next week. There being no further business, the meeting was adjourned at 8:55 p.m. Respectfully submitted, Donna Quintus, Re ording Secretary ATTEST: Karl Drotning, Chair